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Qualification of Drivers; Exemption Applications; Vision

American Government Special Collections Reference Desk

American Government

Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
November 12, 2013


[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Pages 67454-67459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26877]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0170]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 43 individuals 
for exemption from the vision requirement in the Federal Motor Carrier 
Safety Regulations. They are unable to meet the vision requirement in 
one eye for various reasons. The exemptions will enable these 
individuals to operate commercial motor vehicles (CMVs) in interstate 
commerce without meeting the prescribed vision requirement in one eye. 
If granted, the exemptions would enable these individuals to qualify as 
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before December 12, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0170 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations for a 2-year period 
if it finds ``such exemption would likely achieve a level of safety 
that is equivalent to or greater than the level that would be achieved 
absent such exemption.'' FMCSA can renew exemptions at the end of each 
2-year period. The 43 individuals listed in this notice have each 
requested such an exemption from the vision requirement in 49 CFR 
391.41(b)(10), which applies to drivers of CMVs in interstate commerce. 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting an exemption will achieve the 
required level of safety mandated by statute.

Qualifications of Applicants

Dennis S. Anderson

    Mr. Anderson, age 45, has had refractive amblyopia in his left eye 
since childhood. The visual acuity in his right eye is 20/20, and in 
his left eye, 20/250. Following an examination in 2013, his optometrist 
noted, ``Mr. Anderson has adapted to his condition and should be able 
to continue to safely operate a commercial motor vehicle.'' Mr. 
Anderson reported that he has driven straight trucks for 14 years, 
accumulating 254,800 miles, and tractor-trailer combinations for 14 
years, accumulating 238,000 miles. He holds a Class A Commercial 
Driver's License (CDL) from Minnesota. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Calvin J. Barbour

    Mr. Barbour, 49, has had a central retinal vein occlusion in his 
left eye since 2005. The visual acuity in his right eye is 20/20, and 
in his left eye, 20/400. Following an examination in 2013, his 
ophthalmologist noted, ``In my opinion has sufficient visual function 
to drive a commercial vehicle.'' Mr. Barbour reported that he has 
driven tractor-trailer combinations for 17 years, accumulating 1.4 
million miles. He holds a Class A CDL from New York. His driving record 
for the last 3 years shows one crash, for which he was not cited, and 
no convictions for moving violations in a CMV.

Martin D. Bellcour

    Mr. Bellcour, 51, has had a retinal detachment in his right eye 
since 1999. The visual acuity in his right eye is 20/60, and in his 
left eye, 20/20. Following an examination in 2013, his optometrist 
noted, ``In my opinion Mr. Bellcour has a stable field defect in the 
right eye which has existed since 1999[hellip]The patient should not 
have a problem operating a commercial vehicle with outside mirrors'' 
Mr. Bellcour reported that he has driven straight trucks for 13 years, 
accumulating 7,800 miles. He holds a Class BCD CDL from Wisconsin. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Walter A. Breeze

    Mr. Breeze, 45, has had presumed ocular histoplasmosis in his left 
eye since 2006. The visual acuity in his right eye is 20/20, and in his 
left eye, 20/70. Following an examination in 2013, his optometrist 
noted, ``In my

[[Page 67455]]

medical opinion, Walter Breeze has sufficient vision to perform driving 
tasks to operate a commercial motor vehicle.'' Mr. Breeze reported that 
he has driven straight trucks for 27 years, accumulating 2.7 million 
miles. He holds a Class B CDL from Ohio. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Joseph A. Burdey

    Mr. Burdey, 56, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/80, and in his left eye, 20/20. 
Following an examination in 2013, his optometrist noted, ``I certify 
that Mr. Burdey has sufficient vision to perform the driving tasks 
requires [sic] to operate a commercial vehicle.'' Mr. Burdey reported 
that he has driven straight trucks for 36 years, accumulating 2 million 
miles. He holds a Class B CDL from New Jersey. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Donald G. Carstensen

    Mr. Carstensen, 52, has had a prosthetic left eye since 1995. The 
visual acuity in his right eye is 20/20, and in his left eye, no light 
perception. Following an examination in 2013, his ophthalmologist 
noted, ``As long as his visual field measurements meet your 
requirements, I do believe he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. 
Carstensen reported that he has driven tractor-trailer combinations for 
29 years, accumulating 1.8 million miles. He holds a Class A CDL from 
Iowa. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Jamie D. Daniels

    Mr. Daniels, 40, has had an aphakic left eye since childhood. The 
visual acuity in his right eye is 20/20, and in his left eye, light 
perception. Following an examination in 2013, his optometrist noted, 
``His visual condition is stable and he should be able to perform the 
driving tasks for commercial vehicles.'' Mr. Daniels reported that he 
has driven straight trucks for 3 years, accumulating 30,000 miles. He 
holds a Class A CDL from Iowa. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

James A. Esposito, Jr.

    Mr. Esposito, 54, has corneal scarring in his left eye due to a 
traumatic incident in 1973. The visual acuity in his right eye is 20/
20, and in his left eye, 20/60. Following an examination in 2013, his 
optometrist noted, ``I certify that, in my medical opinion, this 
patient has sufficient vision to operate a commercial motor vehicle.'' 
Mr. Esposito reported that he has driven straight trucks for 16 years, 
accumulating 100,800 miles. He holds a Class BM CDL from Pennsylvania. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Mark A. Farnsley

    Mr. Farnsley, 52, has had refractive amblyopia in his right eye 
since childhood. The visual acuity in his right eye is 20/100, and in 
his left eye, 20/20. Following an examination in 2013, his optometrist 
noted, ``In my opinion Mark has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Farnsley 
reported that he has driven straight trucks for 31 years, accumulating 
310,000 miles, and tractor-trailer combinations for 30 years, 
accumulating 150,000 miles. He holds a Class A CDL from Indiana. His 
driving record for the last 3 years shows one crash, for which he was 
not cited, and no convictions for moving violations in a CMV.

Michael L. Fiamingo

    Mr. Fiamingo, 59, has a macular hole in his left eye due to a 
traumatic incident in 2010. The visual acuity in his right eye is 20/
20, and in his left eye, counting fingers. Following an examination in 
2013, his optometrist noted, ``In my medical opinion Michael has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Fiamingo reported that he has driven straight 
trucks for 40 year, accumulating 400,000 miles, and tractor-trailer 
combinations for 35 years, accumulating 700,000. He holds a Class A CDL 
from Pennsylvania. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Kenric J. Fields

    Mr. Fields, 42, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2012, his optometrist noted, ``Kenric 
has amblyopia of the left eye; this should not affect his ability to 
drive a commercial vehicle.'' Mr. Fields reported that he has driven 
straight trucks for 10 years, accumulating 75,000 miles. He holds an 
operator's license from Delaware. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Chris L. Granby

    Mr. Granby, 31, has had a stage IV macular hole in his left eye 
since 2000. The visual acuity in his right eye is 20/20, and in his 
left eye, 20/100. Following an examination in 2013, his optometrist 
noted, ``In my medical opinion, I feel the central area of Chris's 
[sic] visual field loss of his left eye has no detrimental effect on 
his peripheral detection of merging traffic, oncoming vehicles at 
intersections, etc. The loss of acuity and field at the point of 
fixation is compensated for by his healthy right eye. As of this 
examination, I feel Mr. Granby has sufficient vision to operate a 
vehicle. I do however recommend that he be required to have a yearly 
dilated fundus evaluation. This is warranted by the medically accepted 
macular hole evaluation interval of one year, the very small risk of 
progression, and the added safety concern with commercial vehicle 
operation.'' Mr. Granby reported that he has driven straight trucks for 
4 years, accumulating 140,000 miles, and tractor-trailer combinations 
for 5 years, accumulating 75,000 miles. He holds a Class CA CDL from 
Michigan. His driving record for the last 3 years shows no crashes and 
one conviction for a moving violation in a CMV; he exceeded the speed 
limit by 5 mph.

Dustin K. Heimbach

    Mr. Heimbach, 27, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2013, his optometrist noted, ``In my 
opinion, Dustin Heimbach has sufficient vision to operate a commercial 
vehicle.'' Mr. Heimbach reported that he has driven straight trucks for 
4 years, accumulating 1.2 million miles, and tractor-trailer 
combinations for 4 months, accumulating 1500 miles. He holds a Class A 
CDL from Pennsylvania. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Randall Hjelmtveit

    Mr. Hjelmtveit, 60, has had refractive amblyopia in his left eye 
since birth. The visual acuity in his right eye is 20/20, and in his 
left eye, 20/150. Following an examination in 2013, his optometrist 
noted, ``In my opinion, Mr. Hjelmtveit can safely have a CDL and 
operate a motor vehicle as he has over the last 30+ years.'' Mr. 
Hjelmtveit reported that he has driven tractor-trailer combinations for 
31 years, accumulating 2.2 million miles. He

[[Page 67456]]

holds a Class A CDL from Minnesota. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Robert W. Horner

    Mr. Horner, 52, has complete loss of vision in his right eye due to 
a traumatic incident in 1979. The visual acuity in his right eye is no 
light perceptions, and in his left eye, 20/20. Following an examination 
in 2013, his optometrist noted, ``It is my opinion that he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Horner reported that he has driven straight 
trucks for 25 years, accumulating 1 million miles. He holds a Class B 
CDL from Ohio. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Abdelhamid S. Jaafreh

    Mr. Jaafreh, 34, has complete loss of vision in his right eye due 
to a traumatic incident during childhood. The visual acuity in his 
right eye is counting fingers, and in his left eye, 20/20. Following an 
examination in 2013, his optometrist noted, ``Mr. Jaafreh has permanent 
damage to OD due to an accident at age 17 . . . He can operate a 
commercial vehicle with proper caution for field of vision.'' Mr. 
Jaafreh reported that he has driven straight trucks for 3 years, 
accumulating 66,000 miles. He holds an operator's license from Ohio. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Leonard R. Jackson

    Mr. Jackson, 79, has had macular degeneration in his left eye since 
2006. The visual acuity in his right eye is 20/20, and in his left eye, 
20/200. Following an examination in 2013, his optometrist noted, ``It 
is our medical opinion that with a full visual field and a perfectly 
normal 20/20 visual acuity in the right eye that Mr. Jackson is able to 
operate a commercial vehicle without restriction.'' Mr. Jackson 
reported that he has driven straight trucks for 63 years, accumulating 
756,000 miles. He holds a Class B CDL from Indiana. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Randy G. Kinney

    Mr. Kinney, 47, has had anisometropic amblyopia in his right eye 
since birth. The visual acuity in his right eye is 20/150, and in his 
left eye, 20/20. Following an examination in 2013, his optometrist 
noted, ``I feel Randy has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Kinney reported 
that he has driven straight trucks for 4 years, accumulating 2,400 
miles. He holds a Class B CDL from Illinois. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Ronnie R. Lockamy

    Mr. Lockamy, 42, has had complete loss of vision in his right eye 
since birth. The visual acuity in his right eye is no light perception, 
and in his left eye, 20/20. Following an examination in 2013, his 
optometrist noted, ``Mr. Lockamy has had this visual deficiency in his 
right eye all his life. This deficiency is stable, and he appears to 
have sufficient visual skills to operate a commercial vehicle.'' Mr. 
Lockamy reported that he has driven straight trucks for 10 years, 
accumulating 8 million miles, and tractor-trailer combinations for 14 
years, accumulating 3.9 million miles. He holds a Class A CDL from 
North Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Hector Marquez

    Mr. Marquez, 41, has a macular hole in his left eye due to a 
traumatic injury in 2008. The visual acuity in his right eye is 20/20, 
and in his left eye, 20/70. Following an examination in 2013, his 
optometrist noted, ``It is in my professional opinion that Mr. Marquez 
can operate a commercial vehicle.'' Mr. Marquez reported that he has 
driven tractor-trailer combinations for 12 years, accumulating 2 
million miles. He holds a Class A CDL from Texas. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Leonard A. Martin

    Mr. Martin, 51, has retinal damage in his right eye due to a 
traumatic incident during childhood. The visual acuity in his right eye 
is 20/200, and in his left eye, 20/20. Following an examination in 
2013, his ophthalmologist noted, ``Visual field testing revealed a full 
field of vision in the left eye . . . Mr. Martin is safe to drive a 
motor vehicle.'' Mr. Martin reported that he has driven straight trucks 
for 12 years, accumulating 240,000 miles, tractor-trailer combinations 
for 1.5 years, accumulating 15,000 miles, and buses for 3 years, 
accumulating 30,000 miles. He holds a Class A CDL from Nevada. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Dennis R. Martinez

    Mr. Martinez, 56, has a retinal hole in his left eye due to a 
traumatic incident during childhood. The visual acuity in his right eye 
is 20/20, and in his left eye, 20/200. Following an examination in 
2013, his optometrist noted, ``In my medical opinion Denis [sic] has 
sufficient vision to perform the tasks required to safely operate a 
commercial vehicle.'' Mr. Martinez reported that he has driven straight 
trucks for 8 years, accumulating 288,000 miles. He holds a Class A CDL 
from New Mexico. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Jeffrey D. McGill

    Mr. McGill, 57, has amblyopia in his right eye due to a traumatic 
incident during childhood. The visual acuity in his right eye is 20/
100, and in his left eye, 20/20. Following an examination in 2013, his 
optometrist noted, ``In my medical opinion Mr. McGill has sufficient 
vision to perform the driving tasks of a commercial vehicle.'' Mr. 
McGill reported that he has driven straight trucks for 35 years, 
accumulating 280,000 miles, and tractor-trailer combinations for 3 
years, accumulating 6,000 miles. He holds a Class A CDL from Illinois. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Fred A. Miller, Jr.

    Mr. Miller, 58, has a prosthetic right eye due to a traumatic 
incident during childhood. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2013, his optometrist noted, ``I believe he has sufficient vision 
required to operate a commercial vehicle effectively.'' Mr. Miller 
reported that he has driven straight trucks for 14 years, accumulating 
364,000 miles. He holds an operator's license from California. His 
driving record for the last 3 years shows one crash, for which he was 
not cited, and no convictions for moving violations in a CMV.

Joseph K. Parley

    Mr. Parley, 64, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/50. 
Following an examination in 2013, his optometrist noted, ``Joseph has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Parley reported that he has driven tractor-
trailer combinations for

[[Page 67457]]

40 years, accumulating 4 million miles. He holds a Class ABCD CDL from 
Wisconsin. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Robert L. Pearson

    Mr. Pearson, 48, has had optic nerve staphyloma in his right eye 
since birth. The visual acuity in his right eye is hand motion, and in 
his left eye, 20/20. Following an examination in 2013, his 
ophthalmologist noted that, in his opinion, Mr. Pearson does have 
sufficient vision to operate a commercial motor vehicle safely. Mr. 
Pearson reported that he has driven straight trucks for 3 years, 
accumulating 75,000 miles. He holds an operator's license from Georgia. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Andres Regalado

    Mr. Regalado, 36, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/200. Following an examination in 2013, his optometrist noted, 
``In my opinion, Andres Regalado does have sufficient vision to perform 
driving tasks required to operate a commercial vehicle when combined 
with good defensive driving skills of turning his head before changing 
lanes and utilizing side mirrors.'' Mr. Regalado reported that he has 
driven tractor-trailer combinations for 3 years, accumulating 60,000 
miles. He holds a Class A CDL from California. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Riland O. Richardson

    Mr. Richardson, 35, has had a prosthetic left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, no 
light perception. Following an examination in 2013, his optometrist 
noted that, in his opinion, Mr. Richardson does have sufficient vision 
to operate a commercial motor vehicle safely. Mr. Richardson reported 
that he has driven tractor-trailer combinations for 11 years, 
accumulating 825,000 miles. He holds a Class A CDL from Florida. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Thenon D. Ridley

    Mr. Ridley, 38, has had longstanding peripheral retinal 
degeneration in his right eye since childhood. The visual acuity in his 
right eye is counting fingers, and in his left eye, 20/20. Following an 
examination in 2013, his optometrist noted, ``Although he does not have 
at least 70 degrees in the horizontal meridian of the right eye, since 
patient's condition is longstanding, has a history of driving 
commercial vehicles, and able to adapt monocularly to his surroundings, 
patient seems fit to continue to drive.'' Mr. Ridley reported that he 
has driven straight trucks for 4 years, accumulating 134,400 miles, and 
tractor-trailer combinations for 9 years, accumulating 518,400 miles. 
He holds a Class A CDL from Texas. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Ryan R. Ross

    Mr. Ross, 30, has complete loss of vision in his right eye due to a 
traumatic incident in 2008. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2013, his optometrist noted, ``In my opinion he has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Ross reported that he has driven straight trucks for 4 
years, accumulating 160,000 miles, and tractor-trailer combinations for 
1 year, accumulating 1,000 miles. He holds an operator's license from 
South Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Troy M. Ruhlman

    Mr. Ruhlman, 51, has a prosthetic right eye due to a traumatic 
incident prior to 1998. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/15. Following an examination in 
2013, his optometrist noted, ``There is no reason that Mr. Ruhlman 
should have any visual problems while operating a commercial vehicle.'' 
Mr. Ruhlman reported that he has driven tractor-trailer combinations 
for 25 years, accumulating 625,000 miles. He holds a Class AM CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Ricky E. Rumfield

    Mr. Rumfield, 51, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/200. Following an examination in 2013, his optometrist noted, 
``My professional, medical opinion remains that Mr. Rumfield has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Rumfield reported that he has driven straight 
trucks for 2 days, accumulating 1,030 miles, and buses for 3.8 years, 
accumulating 91,200 miles. He holds a Class B CDL from Texas. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Ermanno M. Santucci

    Mr. Santucci, 35, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/20. Following an examination in 2013, his optometrist 
noted that Mr. Santucci does not have any visual defects or field loss 
that would affect the safe operation of a commercial motor vehicle. Mr. 
Santucci reported that he has driven straight trucks for 4 years, 
accumulating 100,000 miles. He holds a Class B CDL from Illinois. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Dennis M. Schwartzentruber

    Mr. Schwartzentruber, 56, has had wet macular degeneration in his 
left eye since 2009. The visual acuity in his right eye is 20/20, and 
in his left eye, 20/80. Following an examination in 2013, his 
ophthalmologist noted, ``Patient in my opinion would pass for Ohio 
driver's license and also intrastate commercial vehicle license with 
the above limitations being noted.'' Mr. Schwartzentruber reported that 
he has driven straight trucks for 5 years, accumulating 550,000 miles, 
and tractor-trailer combinations for 3 months, accumulating 3,000 
miles. He holds a Class A CDL from Ohio. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Tigran Semerjyan

    Mr. Semerjyan, 40, has an enucleated right eye due to a traumatic 
incident during childhood. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2013, his ophthalmologist noted that Mr. Semerjyan does not have any 
visual defect or visual field loss that would affect the safe operation 
of a commercial motor vehicle. Mr. Semerjyan reported that he has 
driven tractor-trailer combinations for 13 years, accumulating 1.2 
million miles. He holds a Class A CDL from California. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

[[Page 67458]]

Roger H. Sick

    Mr. Sick, 74, has had a amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/150. 
Following an examination in 2013, his optometrist noted, ``In my 
medical opinion Roger Sick definitely has the visual skills to allow 
him to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Sick reported that he has driven straight trucks for 3 
years, accumulating 120,000 miles, and tractor-trailer combinations for 
52 years, accumulating 4.7 million miles. He holds a Class A CDL from 
New York. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Martina B. Talbott

    Ms. Talbott, 52, has had amblyopia in her left eye since birth. The 
visual acuity in her right eye is 20/20, and in her left eye, 20/70. 
Following an examination in 2013, her optometrist noted, ``In 
conclusion, due to the visual deficiency this patient has in her left 
eye, when she has both eyes open, the patient is largely using only the 
right eye. This is demonstrated by her poor stereopsis, or depth 
perception. Therefore, this patient is just as visually competent to 
operate a commercial motor vehicle as a monocular patient.'' Ms. 
Talbott reported that she has driven tractor-trailer combinations for 4 
years, accumulating 368,006 miles. She holds a Class A CDL from Iowa. 
Her driving record for the last 3 years shows no crashes and one 
conviction for a moving violation in a CMV; she failed to obey a 
traffic sign/signal.

Kirk A. Thelen

    Mr. Thelen, 54, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2013, his optometrist noted, ``I 
certify in my medical opinion that Mr. Thelen has sufficient vision to 
perform the driving test to operate a commercial vehicle.'' Mr. Thelen 
reported that he has driven tractor-trailer combinations for 31.5 
years, accumulating 1.7 million miles. He holds a Class CA CDL from 
Michigan. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Nicholas J. Vance

    Mr. Vance, 35, has complete loss of vision in his left eye due to a 
traumatic incident during childhood. The visual acuity in his right eye 
is 20/20, and in his left eye, no light perception. Following an 
examination in 2013, his optometrist noted, ``My patient, Nicholas J. 
Vance, in my medical opinion has the required vision in one eye to 
legally obtain his commercial driver's license, which will allow him to 
operate a commercial vehicle.'' Mr. Vance reported that he has driven 
straight trucks for 2 years, accumulating 10,000 miles. He holds a 
Class B CDL from Ohio. His driving record for the last 3 years shows no 
crashes and one conviction for a moving violation in a CMV; he exceeded 
the speed limit by 12 mph.

Hershel D. Volentine

    Mr. Volentine, 53, has a prosthetic left eye since childhood. The 
visual acuity in his right eye is 20/20, and in his left eye, no light 
perception. Following an examination in 2013, his ophthalmologist 
noted, ``In my medical opinion, the patient has excellent vision in the 
right eye with a mild prescription for glasses and should have no 
problems in operating a commercial vehicle.'' Mr. Volentine reported 
that he has driven straight trucks for 15 years, accumulating 300,000 
miles, and buses for 1 year, accumulating 10,000 miles. He holds a 
chauffer's license from Louisiana. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Gary D. Vollersten

    Mr. Vollersten, 70, has a prosthetic right eye due to a traumatic 
incident during childhood. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2013, his ophthalmologist noted, ``He has sufficient vision to 
operate a commercial vehicle.'' Mr. Vollersten reported that he has 
driven straight trucks for 52 years, accumulating 780,000 miles, and 
tractor-trailer combinations for 15 years, accumulating 300,000 miles. 
He holds a Class A CDL from Colorado. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

David R. Webb, Jr.

    Mr. Webb, 48, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2013, his optometrist noted, ``His 
visual condition is stable and he should be able to perform the driving 
tasks for commercial vehicles.'' Mr. Webb reported that he has driven 
straight trucks for 15 years, accumulating 937,500 miles. He holds an 
operator's license from Illinois. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Wesley A. Willis

    Mr. Willis, 48, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/200, and in his left eye, 20/20. 
Following an examination in 2013, his optometrist noted, ``As long as 
patient wears corrective lenses to operate a commerciasl [sic] motor 
vehicle he has sufficient vision to perform driving tasks.'' Mr. Willis 
reported that he has driven straight trucks for 7 years, accumulating 
320,999 miles, and buses for 3 years, accumulating 97,998 miles. He 
holds a Class B CDL from New Jersey. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. The Agency will consider all comments 
received before the close of business December 12, 2013. Comments will 
be available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in 
the public docket, relevant information that becomes available after 
the comment closing date. Interested persons should monitor the public 
docket for new material.

Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2013-0170 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and

[[Page 67459]]

provide a reason for each suggestion or recommendation. If you submit 
your comments by mail or hand delivery, submit them in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. If you submit comments by mail and would like to 
know that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2013-0170 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

     Issued on: November 1, 2013.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-26877 Filed 11-8-13; 8:45 am]
BILLING CODE 4910-EX-P



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